By Mairaj U. Syed
An exam of the way Muslim students from 4 colleges of legislation and theology debate the moral concerns that coercion generates while contemplating a person's ethical service provider and accountability in circumstances of speech acts, rape, and homicide. It proposes a brand new version for analysing moral idea and compares Islamic with Western suggestion at the similar cases.
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Extra info for Coercion and responsibility in Islam : a study in ethics and law
Another semidescriptivist theorist is Scott Anderson, who admits that a purely nonmoralized theory of coercion is untenable but thinks that the philosophical gain in mostly descriptivist theories lies in their significance for political theory. Scott Anderson, “The Enforcement Approach to Coercion,” Journal of Ethics and Social Philosophy 5, no. 1 (2010). 41 For a representative set of views criticizing descriptivist approaches and advocating the idea that coercion is a normative concept, see Vinit Haksar, “Coercive Proposals [Rawls and Gandhi],” Political Theory 4, no.
What is the proper distribution of moral and legal responsibility for coerced murder? Each of these questions has only a finite set of possible answers. Recall, for example, scenario 3 in the beginning of this introduction, in which a man threatens your life and demands you kill a bystander. The question of who ought to be held responsible and at what level in this scenario can be answered only in a limited number of ways, depending on how many types or levels of responsibility a culture recognizes, since there are only three agents to whom responsibility can be distributed.
1 (2013). 36 We may conceptualize the source of this implicit norm that constrained the Ḥanafites to follow the received laws of the tradition in different ways. Perhaps it is a feature of all legal systems, which, all things being equal, tend to encourage following precedent, or deference to authority. The important point for us is not how to conceptualize the source of this constraint, as much as to notice that it exists, and most importantly explains much of the logic and content of justification for Ḥanafite coercion jurisprudence.